By Chuck Peterson on March 28, 2010 Posted in Constitutional Law,Criminal Defense,DUI,Search and Seizure A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v.… Continue Reading

By Chuck Peterson on January 22, 2010 Posted in Constitutional LawI had the call again this week: "I did not do anything wrong. Do you think it is ok if I talk to the police? Because – actually – I already talked to them and now they tell me they know what I did. I didn’t do anything!" Yes you did. You talked to the… Continue Reading

By Chuck Peterson on January 7, 2010 Posted in Constitutional Law,Criminal Defense,News,Trials In a decision handed down on December 30, the Idaho Court of Appeals vacated a conviction for robbery in State vs Faron Hawkins because the district judge did not sua sponte (on his own without a motion from the defendant) order a mental health evaluation during the trial of the case. Hawkins had contacted an FBI… Continue Reading

By Chuck Peterson on September 1, 2009 Posted in Constitutional Law Back in June I had been asked about the seizure of data from a computer in a post which set out that most basic of problems – suspects PROVIDING their computers to the cops for use AGAINST them or their spouse. My advice then was simple – don’t do that! Why make it easier on… Continue Reading

By Chuck Peterson on June 25, 2009 Posted in Constitutional Law This was the message on my phone today – "the cops are here, they think I have illegal pornography on my computer and want to search. Can they search it without a warrant? Should I talk to them?" And then the phone went dead. I suppose the caller had a little talk with the nice… Continue Reading

By Chuck Peterson on February 4, 2009 Posted in Constitutional Law The testimony usually goes like this – "Now officer, as you observed the defendant’s driving that night, did you see anything that caused you to believe he might be operating under the influence of some intoxicant?" "I did. He was weaving all over the place, crossed the yellow line and the white lines, and almost… Continue Reading

By Chuck Peterson on January 28, 2009 Posted in Constitutional Law So the last time we talked I told you to keep silent, but what if you talked? What if you told the nice detective that you bought the drugs from your source in El Paso, who just happens to take delivery across the Rio Grande from "Phillipe" and his brother. Well my friend – you’ve got… Continue Reading

By Chuck Peterson on September 29, 2008 Posted in Assistance of Counsel,Constitutional Law,Idaho Appellate DecisionsI am not a psychologist – and I don’t play one on this blog, but the Idaho Court of Appeals has decided that criminal defense lawyers need to pay attention to their clients’ mental states at the time they enter a plea of guilty. In Ridgley vs State of Idaho, decided August 6, Judge Lansing… Continue Reading

By Chuck Peterson on September 16, 2008 Posted in Constitutional LawSomeone asked me today what he should do about a letter he received "inviting" him to appear at a federal grand jury. To appear or not appear, that is the question. Not really! When a federal prosecutor has you in his or her sights, you may get a "target" letter, letting you know that your… Continue Reading

By Chuck Peterson on June 24, 2008 Posted in Constitutional Law,DUIThe Idaho Court of Appeals has ruled that a police officer must give Miranda warnings to the driver of a car after finding drugs in the car, when he has been sufficiently treated like he is in custody, and not simply the subject of a traffic stop. In State v. James, a divided Court held… Continue Reading

About

I am Boise, Idaho criminal defense and DUI attorney Chuck Peterson, and for over thirty years I have been a practicing trial lawyer. I focus on providing the best defense possible to my clients facing criminal charges, and trying the...